Hearing Request. 20.6.1 If the employee requests a hearing within the time allotted in the written statement, the charges shall be considered by an advisory arbitrator selected from the list set forth in Appendix B. Hearing date shall be mutually agreed by all parties. Notice of the hearing date shall be given to the employee by the Superintendent or designee at least five (5) days prior to the date. Notice shall be either personally served or served by registered or certified mail. 20.6.1.1 The hearing shall be commenced within thirty (30) days of the date a demand for hearing is received by YCOE. Any extension of time of the commencement of the hearing shall only be granted pursuant to mutual agreement of the parties. The arbitrator’s advisory decision shall be rendered and served on the parties within thirty (30) days of the close of the actual hearing, or if briefs are allowed, within sixty (60) days of the close of the actual hearing. 20.6.2 The employer shall first present the evidence to the arbitrator supporting the proposed disciplinary action. The employee shall then be given an opportunity to present his/her defense. 20.6.3 The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence may be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining other evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. Each party shall be given an opportunity after the presentation of evidence to present a closing argument. The burden of proof shall remain with the employer to substantiate the charges made against the employee. 20.6.4 Upon receipt of the arbitrator’s award by the parties, the Superintendent shall consider the action to be taken. 20.6.5 After considering the matter, the Superintendent shall act to affirm, modify, or reject the arbitrator’s advisory award. The decision of the Superintendent shall be final.
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Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement